NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1107

HOUSE BILL 1105

 

 

AN ACT TO AUTHORIZE THE CREATION OF RECREATION DISTRICTS, THE ISSUANCE OF RECREATION FACILITIES BONDS FOR AND IN BEHALF OF SUCH DISTRICTS AND THE LEVY OF TAXES WITHIN SUCH DISTRICTS FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST OF SUCH BONDS, AND FOR PROVIDING, ESTABLISHING, MAINTAINING, AND OPERATING RECREATION FACILITIES THEREIN.

 

The General Assembly of North Carolina do enact:

Section 1. For the purpose of preserving and promoting the public good and the general welfare by providing public recreation facilities, recreation districts may be created as hereinafter provided.

Sec. 2. Upon receipt of a petition, signed by not less than ten per centum (10%) of the resident freeholders within the territory described in such petition and setting forth the objects proposed to be accomplished, and, if all or any part of a municipality is located in such territory, accompanied by a resolution of the governing body of such municipality approving such petition, praying

(a)       that such territory be created into a recreation district having the powers provided for in this Act,

(b)       that Recreation Facilities Bonds be issued in the amount specified in such petition for the purpose of providing funds, with any other available funds, for acquiring, improving, and equipping lands or buildings or both for parks, playgrounds, recreation centers and other recreational facilities, and that a sufficient tax be levied on all taxable property within such district for paying such bonds and the interest thereon, and

(c)       that an annual tax be levied, if necessary, of not less than three (3¢) nor more than ten cents (10¢) on each one hundred dollars ($100.00) of assessed valuation of the taxable property within such district for providing, establishing, maintaining and operating recreation facilities, the board of commissioners of the county in which such territory is located, shall cause notice to be given by posting at the courthouse door, and at three public places in such territory, and by three weekly publications in a newspaper circulating in such territory, that on a date to be named in such notice, which shall not be earlier than twenty days after the first posting and publication of such notice, it will hold a public hearing at a designated place within such territory upon the question of creating a recreation district comprising the territory described in such petition and set forth in such notice, and that any taxpayer or other interested person may appear and be heard. At the time and place stated in such notice, the board shall hear all interested persons and may adjourn the hearing from time to time.

Sec. 3. Such hearing shall be advisory only and the board of commissioners may deny such petition or it may grant such petition, upon a determination by such board of commissioners that a district should be created for the purposes set forth in such petition, and enter an order creating a recreation district comprising the territory described in such petition and the order of the board of commissioners creating such recreation district shall set forth such boundaries. Each recreation district so created shall be designated by the board as the "__________________ Recreation District of                     County", inserting in the blank spaces some name identifying the locality and the name of the county.

Sec. 4. After the creation of a recreation district, the board of commissioners of the county shall order a special election to be held in such recreation district for the purpose of voting upon the issuance of bonds in the amount set forth in the petition and a tax therefor, and upon the levy of an annual tax within the limits of the rates or amounts set forth in the petition for providing, establishing, maintaining and operating recreation facilities.

In all such elections the board of commissioners shall designate the polling place or places, appoint the registrars and judges, and canvass and judicially determine the results of the election upon the filing with it of the election returns by the officers holding the election, and shall record such determination in the records of the board. The notice of election shall be given by publication at least three times in a newspaper published or circulating in such recreation district. The notice shall state the date of the election, the place or places at which the election will be held and the boundary lines of such recreation district. The notice shall also state (a) the maximum amount of bonds to be issued, the purpose or purposes for which the bonds are to be issued, and that a sufficient tax will be levied on all taxable property within the recreation district for the payment of the principal of and the interest on the bonds and (b) the levy of an annual tax for providing, establishing, maintaining and operating recreation facilities and the rate or amount of the tax to be levied, within the limitations prescribed in the petition. The first publication of the notice shall be at least thirty days before the election. A new registration of the qualified voters of such district shall be ordered and notice of such new registration shall be deemed to be sufficiently given by publication once in a newspaper published or circulating in such district at least thirty days before the election. The notice of registration may be considered one of the three notices required of the election. Such published notice of registration shall state the days on which the books will be open for registration of the voters and the place or places at which they will be open on Saturdays. The books for such new registration shall open on the fourth Saturday before the election and close on the second Saturday before the election. The Saturday before the election shall be challenge day and except as otherwise provided in this Act, such election shall be held in accordance with the laws governing general elections. The form of the questions as stated on the ballot shall be substantially the words: For the issuance of $______ Recreation Facilities Bonds (briefly describing the purpose) and the levy of a tax for the payment thereof" and "Against the issuance of $______ Recreation Facilities Bonds (briefly describing the purpose) and the levy of a tax for the payment thereof", and "For an annual tax of not less than ______ cents (______¢) nor more than ______cents (______¢) on each $100 of assessed valuation of the taxable property in the Recreation District for providing, establishing, maintaining and operating recreational facilities" and "Against an annual tax of not less than ______ cents (______¢) nor more than ______ cents (______¢) on each $100 of assessed valuation of taxable property in the Recreation District for providing, establishing, maintaining and operating recreation facilities", but this form of ballot is not prescribed. All questions shall be printed on one ballot, each question appropriately numbered and containing squares opposite the affirmative and the negative forms, in one of which squares the voter may make a cross (X) mark; provided, however, that voting machines may be used in the election.

Sec. 5. At the close of the polls the election officers shall count the votes and make returns thereof to the board of commissioners, which board shall, as soon as practicable after the election, judicially pass upon the returns and judicially determine and declare the results of such election, which determination shall be spread upon the minutes of said board. The returns shall be made in duplicate, one copy of which shall be delivered to the board of commissioners as aforesaid and the other filed with the Clerk of the Superior Court of the county in which the recreation district is situated. The election officers shall incorporate in the returns not only the number of votes cast for and against each question submitted, but also the number of voters registered and qualified to vote at the election, and the board of commissioners shall include in their canvass not only the number of votes cast for and against each question submitted, but also the number of voters registered and qualified to vote at the election. The board of commissioners shall prepare a statement showing the number of votes cast for and against each question submitted, and the number of voters registered and qualified to vote at the election, and declaring the result of the election, which statement shall be signed by the chairman of the board and attested by the clerk, who shall record it in the minutes of the board and file the original in his office and publish it once in a newspaper published or circulating in such recreation district.

Sec. 6. No right of action or defense founded upon the invalidity of such election or the invalidity of any proceedings or steps taken in the creation of such recreation district shall be asserted, nor shall the validity of such election or the validity of the creation of such recreation district, or the right or duty to levy a sufficient tax for the payment of the principal of and the interest on such bonds or to levy the annual tax for providing, establishing, maintaining and operating recreation facilities be open to question in any court upon any ground whatever, except in an action or proceeding commenced within thirty days after the publication of such statement of result as provided in the preceding Section.

Sec. 7. If a majority of the qualified voters of such recreation district who shall vote on the question at such election shall vote in favor of the levy of the annual tax for providing, establishing, maintaining and operating recreation facilities voted upon at the election, the board of commissioners is hereby authorized and directed to levy annually the tax so approved on all the taxable property in such recreation district, such tax to be in addition to all taxes authorized by any other special or general act to be levied for such purpose and such tax within the limit approved by the voters shall be collected by the county officer collecting other taxes. The funds so derived from the levy of such tax shall be expended by the recreation commission of the district, with the approval of the board of commissioners, exclusively for the purposes for which it is voted. In any recreation district in which a tax for the purposes herein authorized has been voted under this Act, the board of commissioners may submit to the voters of such recreation district the question of an increase or decrease of such tax in the manner and within the limitations of this Act.

If a majority of the qualified voters of such recreation district who shall vote on the question at such election shall vote in favor of the issuance of the Recreation Facilities Bonds voted upon at the election and the levy of a sufficient tax for the payment thereof, the board of commissioners may provide by resolution, which resolution may be finally passed at the same meeting at which it is introduced, for the issuance of such bonds. Any bonds authorized hereunder shall be issued in the name of the county, but they shall be made payable exclusively out of taxes to be levied in such recreation district. They shall be issued in such form and denominations, and with such provisions as to the time, place or places (within or without the State of North Carolina) and medium of payment of principal and interest as the board of commissioners may determine, subject to the limitations and restrictions of this Act. The bonds may be issued either all at one time as a single issue or from time to time in series and different provisions may be made for different series. The bonds of such issue or of each series shall mature in annual installments, the first of which installments shall be made payable not more than three years after the date of the bonds of such issue or of such series, and the last not more than thirty years after such date. If the bonds so authorized shall be issued at one time as a single issue, no such installment shall be more than two and one-half times as great in amount as the smallest prior installment of such issue. If the bonds so authorized shall be issued in series, the total amount outstanding after the issuance of any particular series shall mature so that the total amount of such bonds maturing in any fiscal year shall not be more than two and one-half times as great in amount as the smallest amount of such outstanding bonds which mature in any prior fiscal year, and the first installment of the bonds of any series subsequent to the first series may mature more than three years after the date of the bonds of the first series. The bonds shall bear interest at a rate or rates not exceeding six per centum (6%) per annum, payable semiannually or otherwise, and may have interest coupons attached, and may be made registrable as to principal only, under such terms and conditions as may be prescribed by said board. They shall be signed by the chairman of the board of commissioners, and the seal of the county shall be affixed to or impressed upon each bond and attested by the register of deeds of the county or by the clerk of said board; and the interest coupons shall bear the printed, lithographed or facsimile signature of such chairman. The delivery of bonds so executed shall be valid, notwithstanding any change in officers or in the seal of the county occurring after such signing and sealing of the bonds.

Sec. 8. If, after any recreation district shall have been created as authorized by this Act, a petition signed by not less than ten per centum (10%) of the resident freeholders of such recreation district shall be presented to the board of commissioners of the county in which such recreation district is located praying that additional Recreation Facilities Bonds be issued on behalf of such recreation district under the provisions of this Act for one or more of the purposes authorized by this Act and in the amount therein stated, the board may order a special election to be held in such recreation district for the purpose of voting upon the question of issuing bonds for the purpose or purposes and in the amount stated in such petition and the levying of a sufficient tax for the payment thereof. The other provisions of this Act relating to the calling and holding of an election, to the giving of notice, to the making, canvassing and certifying of the returns of such election, to the publication of the statement of the result of the election and the thirty-day limitation on actions, to the issuing of bonds, and to the levying of taxes to pay the principal of and the interest on such bonds shall be followed and shall apply to the issuance of such bonds as nearly as the same can be made adaptable and applicable thereto.

Sec. 9. If a majority of the qualified voters of any recreation district created as authorized by this Act who shall vote on the question of the issuance of bonds and the levy of a tax for the payment thereof shall not vote in favor thereof or if a majority of the qualified voters of any such recreation district who shall vote upon the question of the levy of an annual tax for providing, establishing, maintaining and operating recreation facilities shall not vote in favor thereof, a petition, signed by not less than ten per centum (10%) of the resident freeholders of such recreation district, may again after six months thereafter be presented to the board of commissioners of the county in which such recreation district is located praying that bonds be issued on behalf of such recreation district under the provisions of this Act for one or more of the purposes authorized by this Act and in the amount therein stated and that an annual tax be levied for providing, establishing, maintaining and operating recreation facilities as authorized by this Act. Following receipt of such petition the board of commissioners may order a special election to be held in such recreation district for the purpose of voting upon the questions of issuing bonds and levying an annual tax as mentioned in the petition. The other provisions of this Act relating to the calling and holding of an election, to the giving of notice, to the making, canvassing and certifying of the returns of such election, to the publication of the statement of the result of the election and the thirty-day limitation on actions, to the issuing of bonds, and to the levying of taxes shall be followed and shall apply as nearly as the same can be made adaptable and applicable thereto.

Sec. 10. Recreation Facilities Bonds may be issued pursuant to this Act for the purpose of providing funds, with any other available funds, for acquiring, improving and equipping lands or buildings or both for parks, playgrounds, recreation centers and other recreation facilities in any such recreation district, or for any one or more of said purposes. The full faith and credit of the recreation district shall be deemed to be pledged for the punctual payment of the principal of and the interest on every bond issued for and in its behalf under this Act. The board of commissioners for the county is hereby authorized and directed to levy annually a special tax, ad valorem, on all taxable property in the recreation district in which the election was held, sufficient to pay the principal of and the interest on the bonds as such principal and interest became due; provided, however, that such tax may be reduced by the amount of other moneys available for such purpose. Such special tax for the payment of principal and interest on bonds shall be in addition to all other taxes authorized to be levied in such recreation district, and such tax shall be collected by the county officer collecting other taxes and be applied solely to the payment of the principal of and the interest on such bonds.

Sec. 11. Any recreation facilities provided hereby shall be administered and conducted by a recreation commission, composed of not less than five members, who shall be appointed by the board of commissioners of the county subsequent to the creation of the recreation district but prior to the issuance of any bonds. The board of commissioners shall determine the number of members of said recreation commission and at least one-third of the members shall serve for a term of one year, at least one-third for a term of two years and the remainder for a term of three years, all as shall be determined by the board of commissioners. Upon the expiration of their original terms of office, each succeeding term shall be for three years and until their successors qualify for office. Vacancies in the recreation commission shall be filled for the unexpired term by appointment of the board of commissioners. The members shall serve without compensation. The recreation commission at its first meeting shall appoint a chairman and such other officers as may be deemed proper for the conduct of its business and shall adopt rules and regulations to govern its procedures, and may adopt rules and regulations from time to time for the purpose of governing the use of parks, playgrounds, recreation centers and other recreation facilities. The recreation commission shall have the authority to employ directors, supervisors, play leaders and such other employees as may be necessary.

Sec. 12. A recreation commission created pursuant to the provisions of this Act shall have the power, in addition to all other powers set forth in this Act, to:

(1)       establish, maintain, conduct and operate a system of supervised recreation facilities for the recreation district,

(2)       set apart for use as parks or playgrounds, recreation centers or facilities, any lands or buildings owned by or leased to the recreation dis­trict and improve and equip such lands or buildings,

(3)       acquire lands or buildings by gift, purchase, lease or loan, or by condemnation as provided by Chapter 40, Eminent Domain, of the General Statutes,

(4)       accept any gift or bequest of money or other personal property or any donation to be applied, principal or income, for recreational use,

(5)       provide, establish, construct, equip, operate and maintain parks, playgrounds, recreation centers and other recreation facilities, and all build­ings and structures necessary or useful in connection therewith,

(6)       adopt an official seal and alter the same at pleasure,

(7)       maintain an office at such place or places in the recreation district as it may designate,

(8)       make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act, and

(9)       do all acts and things necessary or convenient to carry out the powers granted by this Act.

A recreation commission shall also have the power to accept any grant, lease, loan, or devise of real estate or any gift or bequest of money or other personal property, or any donation to be applied, principal or income, for either temporary, immediate or permanent recreational use; but if the acceptance of any grant or devise of real estate, or gift or bequest of money or other personal property will subject the recreation district to expense for improvement or maintenance, the acceptance thereof shall be subject to the approval of the board of commissioners. Lands or devises, gifts or bequests may be accepted and held subject to the terms under which such land or devise, gift or bequest, is made, given or received.

Sec. 13. Any municipality the whole or any part of which may be within any recreation district created pursuant to the provisions of this Act is hereby authorized to lease, give, convey and transfer to the recreation commission such parks, playgrounds, centers, and other recreation facilities and property situated within the recreation district and used and useful to the recreation programs, and shall turn over to the recreation commission for administration and operation thereby, all recreation programs and activities for the exclusive operation and administration by said recreation commission.

Property owned by the county, school units within the county and other governmental agencies of the State and county, which is surplus to the requirements of such county, school units or agencies, may be leased or transferred by gift or otherwise by county, school units or agencies to the recreation commission created hereunder notwithstanding the provisions of any other law or laws to the contrary.

Any municipality, county or school unit proposing to exercise any of the powers conferred by this Section may, in the discretion of the governing body of such municipality, county or school unit or if required by law shall submit to its qualified voters, under the election laws applicable to such municipality, county or school unit the question of the exercise of any such power. Any such election may, at the discretion of such governing body, be called and held under the election laws applicable to the issuance of bonds by such municipality, county or school unit.

Sec. 14. The powers conferred by this Act shall be regarded as supplemental and in addition to powers conferred by other laws and shall not supplant or repeal any existing powers for the issuance of bonds, or any provisions of law for the payment of bonds issued under such powers, or for the custody of moneys provided for such payment.

Sec. 15. This Act shall constitute full authority for the things herein authorized and no proceedings, publications, notices, consents or approvals shall be required for the doing of the things herein authorized, except such as are herein prescribed and required, and except that the provisions of the Local Government Act shall be applicable to any recreation district created and any bonds issued pursuant to the provisions of this Act. The proceeds shall be paid out only upon order of the board of commissioners,

Sec. 16. This Act shall apply only to Orange County.

Sec. 17. The provisions of this Act are severable, and if any of its pro­visions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Sec. 18. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1965.